How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to get compensation for medical bills or lost income, it is possible to start a lawsuit. However many people aren't sure about how the litigation process works.

In this blog post, Vimeo we'll look at five milestones in litigation that every personal injury lawsuit must be able to pass through.

Time to File

Every state has a law that limits the time you can start a lawsuit following an accident. If you do not file your claim within this time frame, it will most likely be dismissed.

Once a case is filed the parties begin a process called discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, Vimeo this could take months.

A good lawyer will present a settlement demand. However, your lawyer can't make a demand until you've reached the point of maximum medical improvement and are as recovered as possible.

You may also have to adhere to additional time limitations if injured by a government entity the government or by a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in more depth. In general these cases can be quicker to resolve than other cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal lynden injury law firm cases, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to this rule that could effectively pause it in certain situations. The discovery rule, for example, allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations may be shortened or tolled. For example, if the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person is awarded an lafayette injury attorney lawsuit is entitled to damages. These can include money for the victim's medical costs or lost wages as well as other incident-related expenses. Other damages could compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or requires you to take a vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

While it's not required in any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, vimeo you'll go back and forth with counteroffers and offers to come to a resolution.

The party who is at fault and the victim who was injured want to go to court therefore the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful process of litigation. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to schedule an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case to peers to the jury. The jury will decide whether the defendant was negligent and if they were what amount of compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are needed to compensate for your losses and expenses. The defense will use evidence to counter your allegations, and prevent them from having to pay you any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or jury in a bench trial. It will decide whether the defendant was negligent or not, and if so, how much financial damages will you be awarded.